AMENDMENTS 


Cv 


ELECTION LAWS, 
1908 . 




FEB 23 1910 

% m & • 




Amendments to Election Laws 


An ACT to amend and re-enact section 70 of the Code of Virginia in relation 

to pay of electoral boards. 

Approved March 12, 1908. 

1. Be it enacted by the General Assembly of Virginia, That each 
member of the electoral board shall receive from the county or city, 
respectively, for each day of actual service, the sum of two dollars, pro¬ 
vided, that no member of such board shall receive more than ten dollars 
in any one year, except the secretary of such board, who shall in addi¬ 
tion to the two dollars herein provided to be paid him for each day of 
actual service, also receive the amount of the expenses incurred by him 
in delivering the ballots to the judges of election, not to exceed two dol¬ 
lars per day but in no event shall he receive more than twenty dollars 
in any one year; and the counties and cities, respectively, shall furnish 
the necessary stationery for the use of the board, and a bound book in 
which to record their proceedings. 


An ACT to amend and re-enact section 149 of the Code as heretofore 
amended, in relation to the pay of judges, clerks and commissioners of 
elections. 


Approved March 16, 1908. 

1. Be it enacted by the General Assembly of Virginia, That section 
one hundred and forty-nine of the Code of Virginia be amended and 
re-enacted so as to read as follows: 

§149. Pay of judges and clerks.—The judges, clerks and commis¬ 
sioners of any election held under this chapter shall receive as compen¬ 
sation for their services the sum of two dollars each, and the judge carry¬ 
ing the returns from his voting place to the county clerk’s office shall 
receive for such service the sum of one dollar, and, in addition, the 
mileage now allowed to jurors for each mile necessarily travelled, and the 
commissioners of election shall also receive a like mileage, to be paid 
out of the treasury of the county or corporation in which the election is 
held. 





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An ACT to amend and re-enact section 67 of the Code of Virginia of 1887; 
as amended and re-enacted by an act approved March 5, 1894; as 
amended and re-enacted by an act approved March 5, 1900; as amended 
and re-enacted by an act approved July 28, 1902; and amended and re¬ 
enacted by an act approved December 8, 1903, in relation to appoint¬ 
ment of registrars and providing that registrars and clerks appointed 
in cities having a population of 50,000 or more by the last United States 
census shall be compelled to serve unless excused by the judge of the 
corporation court of such cities and prescribing penalties for failure 
to do so. 


Approved March 12, 1908. 

1. Be it enacted by the General Assembly of Virginia, That section 
sixty-seven of the Code of Virginia of eighteen hundred and eighty-seven, 
as amended and re-enacted by an act approved March fifth, eighteen hun¬ 
dred and ninety-four; as amended and re-enacted by an act approved March 
fifth, nineteen hundred; as amended and re-enacted by an act approved 
December eight, nineteen hundred and three, be amended and re-enacted 
so as to read as follows: 

§67. Appointment of registrars.—It shall be the duty of the electoral 
board of each city and county, prior to the first day of April, nineteen 
hundred and four, and every alternate year thereafter, to appoint a 
registrar for each election district of their respective counties and cities, 
who shall be a discreet citizen and resident of the election district in 
and for which he is appointed, and who shall not hold any office by elec¬ 
tion or appointment during his term which shall be two years from the 
first day of May following his appointment and until his successor is duly 
appointed and qualified, and any registrar now holding such office shall 
within ten days from the passage of this act give up his office, and 
failing to do so his powers as registrar shall at once cease, and the 
electoral board shall appoint a registrar in his place. In the city of 

Richmond it shall be lawful for each registrar to appoint a clerk and to 

administer to him the same oaths as those taken by the registrar. The 
said electoral boards shall, from time to time, fill any vacancy that 
may occur in the office of registrar. 

Every registrar and clerk duly appointed in any city having a popula¬ 
tion of fifty thousand or more by the last United States census under 
the provisions of this section shall be compelled to serve, not more 

than two successive terms, unless excused by the circuit court or the 
county or the corporation court of the city, or the judge of such court 
in vacation, having jurisdiction over the electoral board of the city or 

county in which such registrar or clerk resides. And said court, or the 
judge thereof in vacation, shall impose a fine of not less than ten dollars 
nor more than one hundred dollars upon every person so appointed and 
refusing to serve, unless excused as aforesaid. 

In view of special elections likely to be held during the spring months, 
this is declared to be an emergency act, and in force from its passage. 


Aii ACT to amend and re-enact an act approved January 12, 1004, entitled: 
An act to provide for furnishing by county treasurers of list of those 
who are residents of or voters in the incorporated towns of the Com¬ 
monwealth who have paid their State capitation ta.^es six months prior 
_ to a regular election to be held in the incorporated towns of which 
they are residents. 

Approved March 3, 190S. 

1. lie it enacted by the General Assembly of Virginia, That an acr 
approved January twelfth, nineteen hundred and four entitled an act 
to provide for furnishing by the county treasurers of list of those who 
are residents of or voters in the incorporated towns of the Commonwealth 
who have paid their State capitation taxes six months prior to a regular 
election to be held in the incorporated towns of which they are residents, 
and to comply with section thirty-eight of the Constitution, be amended 
and re-enacted so as to read as follows: 

The treasurer of every county in this Commonwealth in which any 
incorporated town* is located, in which a regular election is to be held 
on the second Tuesday in June in any vear in pursuance of law. and 
in which a local option election may, by reason of its population, be ordered 
as provided by law, shall furnish the clerk of the circuit court of his county 
with a list of the residents of said incorporated town who have paid the 
State capitation tax provided by law six months prior to the second Tuesday 
in June. 

The said lists shall be prepared and posted in all respects as it is 
provided for in action thirty-eight of the Constitution; and the treasurer 
shall receive such compensation as is now provided by law for Similar 
services in preparing lists required by section thirty-eight of the Consti¬ 
tution. 

§2. All acts and parts of acts inconsistent with this act are hereby re¬ 
pealed. 

§3. In view of the fact that certain special or local option elections 
will take place before this act can become a law in regular course, an 
emergency exists, and this act shall be in force from its passage. 


An ACT to amend and re-enact sections 92 and 98 of the Code of Virginia, 
as amended by an act approved March 14, 1906. entitled: An act to 
amend and re-enact sections 92 and 98 of the Code of Virginia, as 
amended by an act approved December 18. 1903, entitled: An act. to 
amend and re-enact chapter 9 of the Code of Virginia, as amended and 
re-enacted by an act of the General Assembly of Virginia, approved 
May 20, 1903, entitled: An act to amend and re-enact chapter 9 of the 
Code of Virginia of 1887, in relation to election of State, county, dis 
trict and city officers, and the terms of their offices and filling vacan¬ 
cies. 

Approved February 25, 1908. 

1. Be it enacted by the General Assembly of Virginia, That sections 
ninety-two and ninety-eight of the Code of Virginia, as amended by 






an act approved March fourteenth, nineteen hundred and six, entitled “an 
act to amend and re-enact sections ninety-two and ninety-eight of the 
Code of Virginia, as amended by an act approved December eighteen, 
nineteen hundred and three, entitled ‘an act to amend and re-enact chapter 
nine of the Code of Virginia, as amended and re-enacted by an act of the 
General Assembly of Virginia, approved May twenty, nineteen hundred and 
three, entitled ‘an act to amend and re-enact chapter nine of the Code of 
Virginia of eighteen hundred and eighty-seven, in relation to election of 
State, county, district and city officers, and the terms of their offices and fill¬ 
ing vacancies,” be amended and re-enacted so as to read as follows: 

§92. Sheriffs, attorneys for the Commonwealth, commissioners and 
treasurers; when elected; term of office.—Sheriffs, attorneys for the Com¬ 
monwealth and county treasurers shall be chosen by the qualified voters 
of the respective counties at the general election on the Tuesday after the 
first Monday in November nineteen hundred and three, and every fourth 
year thereafter, and shall hold their offices for the term of four years from 
the first day of January next succeeding their election. The commis¬ 
sioners of the revenue for each county shall be chosen by the qualified voters 
of the respective counties at the general election on the Tuesday after the 
first Monday in November, nineteen hundred and eleven, and every four 
years thereafter, and shall hold their offices for the term of four years 
from the first day of January next succeeding their election. The commis¬ 
sioners of revenue now i'n office shall continue to discharge the duties of 
their respective offices until their successors shall be elected and qualified. 

§98. Providing for officers of cities, their election or appointment and 
term of office.—Tn each city of this Commonwealth there shall be elected 
by the qualified voters thereof on the second Tuesday in .Tune, nineteen hun¬ 
dred and four, and every four years thereafter, a mayor, who shall be 
the chief executive officer of such city, whose term of office shall begin on 
the first day of September succeeding his election, and continue for four 
years thereafter. On Tuesday after the'first Monday in November, nineteen 
hundred and five, and every four years thereafter .the qualified voters of 
each of the cities of this Commonwealth shall elect a city sergeant, an 
attorney for the Commonwealth, a city treasurer, and all other city officers 
elected by such qualified voters, whose election is not otherwise provided foi 
by law, whose term of office shali begin on the first day of January next 
succeeding their election, and continue for four years thereafter. In each 
city which has a court in whose office deeds are admitted to record, except 
the cities of Bristol, Radford and Buena Vista there shall be elected by 
the qualified voters on Tuesday after the first Monday in November, 
nineteen hundred and five, and every eight years thereafter, a clerk of such 
court be called the clerk of the corporation or hustings court, whose 
term of office shall begin on the first day of February of the second year 
after such election, and shall continue thereafter for eight years, and 
in the city of Richmond there shall be elected also at the same time 
and for the same terms a clerk of the chancery court and a clerk of 
the law and equity court of the city of Richmond, whose term of office 




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shall begin on the first *day of February of tho second year after such 
election. 

In cities having .a population of thirty thousand or more there 
shall be elected by the qualified voters a separate clerk of the circuit 
court of such city on Tuesday after the first Monday in November, nine¬ 
teen hundred and three, and every eight years thereafter, whose term of 
office 3hall begin on the first day of January, succeeding his election, and 
continue thereafter for eight years: provided, that the terms of such clerks 
first elected under this section shall begin on the first day of February, nine¬ 
teen hundred and four, and shall expire on the first day of January, 
nineteen hundred and twelve: provided, that the present terms of the clerks 
of city courts not herein otherwise expressly provided shall continue until 
the first day of February, nineteen hundred and four. 

In the cities of Radford, Bristol and Buena Vista there shall be 
elected by the qualified voters on Tuesday after the first Monday in 
November, nineteen hundred and three, and every eight years thereafter, 
unless such courts are sooner abolished, a clerk of such city court, to be 
called the clerk of the corporation court, whose term of office shall begin 
on the first day of February following his election, and continue for 
eight years thereafter, unless the said court shall be sooner abolished. 

The commissioners of the revenue for each of the cities of this Com' 
monwealth shall be appointed by the corporation or hustings court of their 
respective cities, or by the judges of such courts in vacation; or if there is 
no such corporation or hustings court, then by the circuit court having 
jurisdiction in such city at some time between the first day of July 
and the first day of October in the year nineteen hundred and nine, and 
shall hold their offices for the tferm of four years from the first day of 
January next succeeding their appointment. On Tuesday after the first 
Monday in November, nineteen hundred and thirteen, and every four 
years thereafter, the qualified voters of each of the citi'es of the Com¬ 
monwealth shall elect a commissioner of the revenue, whose term of office 
shall begin on the first day of January next succeeding his election and 
continue for four years thereafter. The commissioners of revenue now in 
office shall continue to discharge the duties of their respective offices until 
their successors shall be appointed and qualified. 

2. All provisions of any city charter in conflict with this section are 
hereby repealed. 

3. All acts and parts of acts inconsistent with this act are hereby 
repealed. 


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an act 

IN RELATION TO PAYMENT OF POLL TAX. 

An ACT to prescribe the manner in which a duly registered voter who 

has not been assessed with his State capitation tax may pay the same, 

and to prescribe penalties for a failure on the part of clerks and treas¬ 
urers to observe the provisions of this act. 

Became a law without governor's signature, December 4, 1903. 

1. Be it enacted by the General Assembly of Virginia, That if any duly 

registered voter in any city or county in this Commonwealth apply to the 
treasurer of such city or county to pay his State capitation tax, and such 

treasurer is prevented from receiving such tax because the same has not 

been assessed against such applicant, such duly registered voter may there¬ 
upon apply to the county clerk of his county, or the clerk of the corporation 
or hustings court of his city, as the case may be, for a certificate that he 
is a duly registered voter. The clerk shall deliver such certificate to the 
applicant forthwith and deliver a copy thereof to the commissioner of the 
revenue, and upon presentation of such certificate to the treasurer of the 
county or city the treasurer shall accept payment of such State capitation 
tax from such voter and give a receipt therefor. The clerk issuing any 
such certificate shall keep a correct record of all that are issued by him and 
transmit a copy thereof to the auditor of public accounts prior to the first 
day of June of each year; and the auditor of public accounts shall charge 
the respective treasurers with such moneys as appear from the reports of 
the respective clerks to have been paid to such treasurers for State capita¬ 
tion taxes under the provisions of this act; and the auditor of public ac¬ 
counts shall require a settlement for such State capitation taxes of each 
treasurer in like manner as is required by law for a settlement of moneys 
received for other taxes assessed by the commissioner of the revenue. If 
any clerk or treasurer shall fail to perform the duties required of him by 
this act he shall be fined not less than one hundred dollars nor more than 
one thousand dollars for each failure. 

2. This act shall be in force from its passage. 




